Oamaru HRC 29 January 2012 – R 8 (instigating a protest)
ID: JCA12084
Meet Title:
Oamaru HRC - 29 January 2012
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2012/01/29
Race Number:
R8
Decision:
In these circumstances the placings are as called by the Judge.
Facts:
Mr Ydgren, stipendiary steward, protested against the 4th placed horse CHERYL WEST, driven by Mr T Williamson, in that that horse had come into contact with the sulky of FAIR DINKUM BROMAC which sustained a flat tyre as a result.
The Judge’s placings were:
1ST 10 LINEL
2ND 3 CHAL DREAM
3RD 12 LIFE’S ESSENTIAL
4TH 14 CHERYL WEST
Submissions for Decision:
Mr Ray, stipendiary steward, in describing the incident on the videos, stated that at about the 900 metres FAIR DINKUM BROMAC had improved 3 wide to sit parked. CHERYL WEST which had followed FAIR DINKUM BROMAC elected to slot into the gap behind FAIR DINKUM BROMAC. Mr Ray demonstrated the right front leg of CHERYL WEST coming into contact with the cart of FAIR DINKUM BROMAC just shortly after CHERYL WEST slotted into a narrow gap behind FAIR DINKUM BROMAC.
Mr De Phillipi, who was assisting Mr T Williamson, and Mr Ellis, the trainer of CHERYL WEST, both demonstrated on the videos that FAIR DINKUM BROMAC had eased the pace just as CHERYL WEST settled into the gap behind FAIR DINKUM BROMAC. Mr Ydgren accepted that this had occurred.
Mr T Williamson then said that while he had made contact with the right wheel of FAIR DINKUM BROMAC’s sulky it was the left wheel that had lost its tyre. He said this showed that CHERYL WEST, which all accepted had quite a reach in her pacing action, must have come into contact with both wheels. He said this supported the contention of the connections of FAIR DINKUM BROMAC that CHERYL WEST had slotted into a position behind FAIR DINKUM BROMAC before the contact, which they alleged was caused by the easing of the pace by Mr M Williamson. Mr M Williamson by this time was out on the track and he had not specified at the hearing which wheel was hit or indeed which wheel had lost its tyre. This could not be determined from the videos.
Reasons for Decision:
In exercising our discretion and determining not to uphold the protest we are satisfied that the loss of the tyre on FAIR DINKUM BROMAC’s sulky wheel could be attributed to a raceday incident, the responsibility for which could not be sheeted home solely to Mr T Williamson or CHERYL WEST.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 2f4c9d68284b6451254a19f0f39565dd
informantnumber: 5227
horsename: CHERYL WEST
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/01/2012
hearing_title: Oamaru HRC 29 January 2012 - R 8 (instigating a protest)
charge:
facts:
Mr Ydgren, stipendiary steward, protested against the 4th placed horse CHERYL WEST, driven by Mr T Williamson, in that that horse had come into contact with the sulky of FAIR DINKUM BROMAC which sustained a flat tyre as a result.
The Judge’s placings were:
1ST 10 LINEL
2ND 3 CHAL DREAM
3RD 12 LIFE’S ESSENTIAL
4TH 14 CHERYL WEST
appealdecision:
isappeal:
submissionsfordecision:
Mr Ray, stipendiary steward, in describing the incident on the videos, stated that at about the 900 metres FAIR DINKUM BROMAC had improved 3 wide to sit parked. CHERYL WEST which had followed FAIR DINKUM BROMAC elected to slot into the gap behind FAIR DINKUM BROMAC. Mr Ray demonstrated the right front leg of CHERYL WEST coming into contact with the cart of FAIR DINKUM BROMAC just shortly after CHERYL WEST slotted into a narrow gap behind FAIR DINKUM BROMAC.
Mr De Phillipi, who was assisting Mr T Williamson, and Mr Ellis, the trainer of CHERYL WEST, both demonstrated on the videos that FAIR DINKUM BROMAC had eased the pace just as CHERYL WEST settled into the gap behind FAIR DINKUM BROMAC. Mr Ydgren accepted that this had occurred.
Mr T Williamson then said that while he had made contact with the right wheel of FAIR DINKUM BROMAC’s sulky it was the left wheel that had lost its tyre. He said this showed that CHERYL WEST, which all accepted had quite a reach in her pacing action, must have come into contact with both wheels. He said this supported the contention of the connections of FAIR DINKUM BROMAC that CHERYL WEST had slotted into a position behind FAIR DINKUM BROMAC before the contact, which they alleged was caused by the easing of the pace by Mr M Williamson. Mr M Williamson by this time was out on the track and he had not specified at the hearing which wheel was hit or indeed which wheel had lost its tyre. This could not be determined from the videos.
reasonsfordecision:
In exercising our discretion and determining not to uphold the protest we are satisfied that the loss of the tyre on FAIR DINKUM BROMAC’s sulky wheel could be attributed to a raceday incident, the responsibility for which could not be sheeted home solely to Mr T Williamson or CHERYL WEST.
Decision:
In these circumstances the placings are as called by the Judge.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr C DeFilippi - assisting Mr Williamson, Mr P Ellis - Trainer of CHERYL WEST, Mr M Williamson - Driver of FAIR DINKUM BROMAC
Respondent: Mr T Williamson - Junior Horseman
StipendSteward:
raceid: 6cfe893ba932467b59def03292d3d9c3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cad1b1e8b652c3ff702e11718fe7910f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/01/2012
meet_title: Oamaru HRC - 29 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
meet_pm2: none
name: Oamaru HRC